General Terms and ConditionsCarmodelz (owner: C.J. Pieterse)
(version: 1 January 2017)
I General – and scope of services.
Tel: +43 (0) 664 526 82 53
VAT number: ATU70006209
GISA registration (trade register): 28164807
(hereinafter referred to as: Carmodelz) is the commercial supplier of the visually depicted products offered to its clients for purchase via its own web shop. All contracts of sale arising between Carmodelz and its customers via the web shop are subject to the following terms and conditions (TC) as published online and current at the time of the order.
2. Customers as described in these conditions are natural persons who perform a legal transaction for a purpose other than either their commercial or independent, professional activities.
3. Agreements with customers are exclusively concluded in the German language.
4. All agreements made between Carmodelz and its customers are recorded in writing in the contract of sale, in these conditions and in Carmodelz’s order confirmation.
5. Amendments to these terms and conditions will be notified to the customer in writing, by fax or by e-mail. If the customer does not object to such amendments within 4 weeks of receipt of notification the amendments are deemed to have been accepted by the customer. In the event of amendment to these general terms and conditions the customer will be separately informed of the right to object and of the legal consequences of failure to object.
II Formation of the agreement
1. Display of products in the web shop does not constitute a binding offer on the part of Carmodelz. Such display is rather an invitation to the customer to create a binding contract by means of submitting an order.
2. The customer can create a binding offer by filling in the online order form. After filling in his/her personal details the customer creates a legally binding order with regard to the products contained in his/her shopping cart by clicking the “order” button on completion of the order procedure. Receipt of the order will be confirmed immediately by Carmodelz, via email.
3. Carmodelz can accept the customer’s order in writing or digitally (via fax or email) by issuing a confirmation of the order or by delivering the goods within five working days of receipt of the order. The purchase agreement comes into being on acceptance of the order. Carmodelz is expressly entitled to reject the order.
4. Order processing and any required contact normally take place via email. The customer must ensure that the completed email address is correct and capable of receiving messages from Carmodelz. However, this is not obligatory.
III Prices and payment conditions
1. The prices displayed are total prices and include the legally applicable VAT.
2. Unless otherwise, individually agreed the total prices apply and these exclude delivery and postage costs. The amounts of delivery and postage costs due are displayed in the web shop. Costs incurred by shipment abroad in excess of the usual delivery costs (e.g. import duties and/or other costs) are for the account of the customer.
3. Payment methods accepted by Carmodelz are displayed on the homepage of the web shop. The customer may select a preferred payment method.
4. Unless otherwise agreed with the customer in writing the purchase price is due and payable, without deduction, within seven days of request for payment. If the customer has chosen prepayment or cash payment, such payment is due immediately.
5. The customer may only claim set-off, also in cases of claim or counterclaim, if the counterclaims are undisputed, disputed but ripe for legal decision or irrevocably decided. The customer is only entitled to exercise a right of retention in relation to a counterclaim related to the same sale agreement.
IV Conditions of shipping and supply
1. Delivery will take place at the delivery address indicated by the customer. The purchased goods may be collected in Kolbnitz at the premises of Carmodelz subject to arrangement.
2. Delivery takes place at the place of business of the seller, unless prevented by compelling law or regulation or otherwise agreed in writing.
3. Dispatch of the products purchased by the customer takes place within 3 working days of the day on which Carmodelz’s order confirmation is received by the customer, failing explicit notification that the order is subject to a longer delivery time.
4. In the event that delivery has to be repeated following an unsuccessful delivery, the costs of such unsuccessful delivery are for the account of the customer. This does not apply if such unsuccessful delivery is not the fault of the customer, or if the customer refuses delivery and exercises his right of withdrawal.
5. The risk of accidental loss or accidental deterioration of the product sold will be transferred to the purchaser on delivery of the product. Delivery remains valid if the customer is in breach on delivery.
6. If Carmodelz does not accept an order because the product ordered by the customer is no longer available this will immediately be communicated to the customer. In such case any payments made will be refunded to the customer.
V. Right and consequences of withdrawal
Exceptions to the right of withdrawal
Right of withdrawal
The customer has the right to terminate this agreement within 14 days without giving reasons.
The withdrawal period is fourteen days from the day on which the customer or a third party designated by him, other than the carrier, received or receives into his possession the last of the delivered products.
To exercise the right of withdrawal the customer must expressly inform Carmodelz (Oberkolbnitz 42, 9815 Kolbnitz, Austria, phone: +43 (0) 664 526 82 53, e-mail email@example.com, www.carmodelz.com), for example by means of a mailed letter or an e-mail) of its decision to revoke this agreement. The withdrawal period has been observed if the customer communicates the exercise of the right of withdrawal before the end of the withdrawal period.
Effects of withdrawal
If the customer revokes the agreement Carmodelz must refund all payments received from the customer, including the delivery costs (with the exception of additional costs resulting from customer’s choice of mode of delivery where this is other than the economical, standard delivery mode offered by Carmodelz), as soon as possible and not later than within 14 days counted from the day on which revocation of such agreement is made known to Carmodelz. Carmodelz will make this repayment using the same method of payment as that used by the customer in the original transaction, unless expressly otherwise agreed with the customer, and will not charge for such repayment. Carmodelz may delay repayment until it has received the returned products.
The customer must return or hand over the products to Carmodelz (Oberkolbnitz 42, 9815 Kolbnitz, Austria, phone: +43 (0) 664 526 82 53, e-mail firstname.lastname@example.org, www.carmodelz.com) as soon as possible, in any event at the latest within fourteen days from the day on which he/she informed Carmodelz of revocation. The withdrawal period has been complied with if the customer sends the products before expiry of the period of fourteen days. The customer will bear the direct cost of returning the products.
The customer is only responsible for any reduction in the value of the products if such reduction is a result of examining its properties and functions and/or of incorrect, careless, incompetent or unnecessary use or treatment by the customer.
Exceptions to the right of withdrawal
The right of withdrawal does not apply in the case of distance agreements for the supply of products, formulated according to the customer’s specifications or clearly tailored to personal needs, or which are not suitable for return on grounds of their characteristics, deteriorate rapidly or have exceeded their expiry date.
VI Retention of ownership
Carmodelz retains ownership of delivered products until all payments due under the agreement of sale have been received.
1. If the product is substantially defective Carmodelz is obliged, at the customer’s choice, to rectify the defect or supply a new, product free of defects. Carmodelz is entitled to reject the solution chosen by the customer if this is only achievable at disproportionate cost.
2. If the customer’s chosen solution is rejected the customer is entitled to reduction of the purchase price or cancellation of the agreement.
3. The customer is not itself entitled to rectify the defect or to have it rectified by third parties.
4. Carmodelz restricts the guarantee on used items to one year.
5. The right to indemnity remains unaffected. On cancellation of the contract the customer is obliged to perform full return of the products.
6. The guarantee does not apply in the case of claims for damages. Such claims fall under section VIII, Liability.
1. Any liability to the customer for damages, under guarantee or on any other legal basis, for slight negligence or compensation for consequential damage, pure financial loss and loss of profits, unrealised cost savings, loss of interest and third party claims is excluded from the customer. Limitation of liability is excluded as regards intentional or grossly negligent breach of duty by Carmodelz or its legal representatives or employees and as regards personal injury and damage to health or loss of life attributable to Carmodelz. Moreover, the aforementioned liability limitations do not apply to damages suffered by Carmodelz in the processing of the goods delivered.
2. Carmodelz is only liable for its own content on the web shop website. Where Carmodelz offers the possibility of linking to other websites Carmodelz is not liable or responsible for the external content of such websites. If Carmodelz becomes aware of illegal content on external websites it will immediately deactivate the link to such websites.
IX Applicable law
1. The laws of the Federal Republic of Austria apply, with exclusion of the CISG. If the customer has placed an order as a consumer and at the time of such order is normally resident in another country, the legislation of that country remains unaffected by the choice of law in sentence 1.
2. If, on formation of the contract, the consumer is resident abroad, he/she may be summoned before the court of the principal place of business of Carmodelz.
X Salvatorius clause (severability clause)
If any one of the above provisions should prove wholly or partly ineffective due to legal provision, regulation or legislation all other provisions will remain unaffected thereby and will retain their full validity. In the event of ineffectiveness of a single provision the corresponding legislation will apply.
XI General observation with regard to these conditions
These conditions are subject to and compiled in accordance with Austrian law. In the event of any inconsistency between the English and German versions, the German version will prevail.